TEK CHAND PREEMPTOR Vs. SAIN DASS AND OTHERS

JUDGEMENT

(1.) This judgment will dispose of three Letters Patent appeals, L.P. As Nos. 122 to 124 of 1963, arising out of three pre-emption suits in respect of three separate sales, one on 21st of February, 1958 and two on 9th of April, 1958, by Nabh Ram the fourth respondent, in favour of Sain Dass (L.P.A. No. 122 of 1963) Human Woollen Rain Mills L.P.A. 123 of 1963) and Damodar Dass and others L.P.A. 124 of 1963). It is common ground that in all these three plots measuring 4512, 4526 and 4584 yards a growing orchard was cut down and the trees uprooted and the land levelled for sale in plots for industrial purposes. Three separate suits were filed for pre-emption on 7th of April, 1959, by Tek Chand and his brother claiming as the nephews (brother's sons) of the vendor.

(2.) In the three suits which came to be consolidated, the pleas taken in the written statement of the defendant-vendees were that the property sold did not constitute land to enable the plaintiffs to file a suit for pre-emption on ground of relationship. It was not denied that the land had originally been an orchard and the trees had been cut down. It was, however, pleaded that a sum of about one lakh had been spent on building a "splendid karkhana" on it. After the written statements had been filed, an amendment was brought by Punjab Act No. 10 of 1960 in the Punjab Pre-emption Act, 1913 (hereinafter called the Act) as a result of which clause (b) of Section 5 of the Act reads as follows :-

(3.) In the written statements originally filed by the vendees; the right of the pre-emptors was sought to be defeated on the ground that the property sold did not fall in the definition of agricultural land which alone could be pre-empted by a brother's son.